HomeMy WebLinkAboutMEDIA ARTS SANTA ANA, A PROJECT OF COMMUNITY PARTNERSAI NSU RNCE N04i�1FQUq rff D9-71 F7-430D-B935-4E4C68A17877 N-2024-013
WORK MAY PROCEED
CITY CLERK
DATE:
o cnAc�) CITY OF SANTA ANA
DONATION AGREEMENT
1. PARTIES AND DATE
N
C
This Donation Agreement ("Agreement") is made and entered into this 15Tn day of
November, 2023, by and between the City of Santa Ana, a charter city and municipal corporation
a organized and existing under the Constitution and the laws of the California ("City"), and Media
Arts Santa Ana, a Project of Community Partners ("Recipient"). City and Recipient are
sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS
2.1 Community Benefit. The City wishes to provide Recipient with funding to assist
Recipient with "We AR Santa Ana," a citywide augmented reality art festival to be held from March
8 through April 6, 2024 ("Community Benefit"). The Request for Sponsorship Funds is attached
hereto as Exhibit A and incorporated herein by reference. The Parties wish to enter into this
Agreement to establish the terms and conditions under which the City will provide funding.
2.2 Public Purpose. The City believes there is a public purpose in showcasing a month-
long innovative new arts and technology festival that provides bilingual augmented reality training
courses for youths and adults, tours of public art locations throughout the city that address local
issues, and a culminating AR exhibition. The foregoing is a general description of the public
purpose, and is not necessarily the only public purpose to be gained from the Community Benefit.
3. TERMS AND CONDITIONS
3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of
EIGHT THOUSAND, THREE HUNDRED DOLLARS ($8,300) for this event because the City
has determined that there is a public purpose to be served in supporting the Community Benefit. In
executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the
purpose described and subject to the terms and conditions provided for in this Agreement. Should
Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this
Agreement, City shall have the right to terminate this Agreement and demand the return of the funds
pursuant to Section 3.2 below.
3.2 Term: Termination of Agreement. This Agreement shall take effect on the date first
above written and remain in effect unless and until terminated by the City. The City has the right to
terminate this Agreement upon one day's notice, with or without cause. Should the City terminate
this Agreement, it shall also have the right to demand the immediate return of all funds provided to
Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum.
Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any
expiration or termination of this Agreement.
3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the
City determines that the funds will be used for a purpose which may cause a significant risk of
DocuSign Envelope ID: 103FD4D9-71 F7-430D-B935-4E4C88A17877
CITY OF SANTA ANA
DONATION AGREEMENT
Page 2 of 4
injury, the City may, in its sole discretion, require Recipient to provide certain insurance and
participant waiver/release protections. This right shall be on -going and may be implemented by the
City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts
and with provisions acceptable to City.
3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as
City establishing or providing oversight, control or approval of the Community Benefit or any
activities conducted by the Recipient.
3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient
shall assume all risks associated with the Community Benefit, including, but not limited to, the
possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend,
indemnify and hold City and its officials, officers, employees, agents and volunteers free and
harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities,
losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities
of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and
contractors, including the performance of the Community Benefit or this Agreement, including
without limitation the payment of all consequential damages and attorneys' fees and other related
costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims,
demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole
negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at
Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against the City, its officials, officers,
employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that
may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any
such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers,
employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation
to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its
officials, officers, employers, agents or volunteers. The indemnification provisions of this
Agreement shall survive any expiration or termination of this Agreement.
3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. The terms and conditions of this Agreement may be altered, modified
or amended only by written agreement signed by both Parties.
3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient
represents and warrants that the Recipient has all requisite power and authority to conduct its
business and to execute, deliver and perform this Agreement. Each Party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement bind each respective Party.
DocuSign Envelope ID: 103FD4D9-71 F7-430D-6935-4E4C68A17877
CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 4 N-2024-013
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first above written.
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
CITY OF SANTA ANA
Tom Hatch
Interim City Manager
RECIPIENT:
s . Get u —!AL4f� v
Andrea Garcia -Miller
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Media Arts Santa Ana
1666 N. Main Street
Santa Ana, CA 92701
DmuSIgned by:
�&" L�
AliCid Lara, President + CEO
Community Partners
1000 N Alameda, Suite 240
Los Angeles, CA 90012
MICHAEL L. GARCIA
Executive Director Community Development Agency
December 29, 2023
DocuSign Envelope ID: 103FD4D9-71 F7-430D-6935-4E4C68A17877
CITY OF SANTA ANA
DONATION AGREEMENT
Page 4 of 4
EXHIBIT A
Request for Sponsorship Funds
DocuSlgn Envelope ID: 103FD4D9-71 F7-430D-S935-4E4C68A17877
City of Santa Ana
Powered by Submittable W
Title 0018
by Victor Payan in Arts & Culture - Special Event
Sponsorship Request Form (SESRF) - 2023
910 E Grant St
Santa Ana, California
92701
United States
619-701-0073
victor@masamedia.org
Original Submission
Name of Primary
Contact
Contact Title
Name of Entity
(organization,
business,
neighborhood
association)
Victor
Payan
Founding Director
Media Arts Santa Ana (MASA)
09/12/2023
id. 44033766
09/12/2023
Check the box that Nonprofit 501(c)(3)
applies to your entity:
Additional Applicant Media Arts Santa Ana (MASA), a Project of Community Partners
Names (if applicable)
Physical Address 1666 N Main
Santa Ana
CA
92701
US
Mailing Address PO Box 1816
Santa Ana
CA
92702
us
Phone +16197010073
Email victor@masamedia.org
Website www.masamedia.org
Event Name/Title "We AR Santa Ana" Citywide Augmented Reality Art Festival
DocuSign Envelope ID: 103FD4D9-71 F7-430D-B935-4E4C68A17877
Event Date(s) March 8, 2023 - April 6, 2023
Is this event FREE Yes
and OPEN to the
public?
Event Location(s) The festival will take place in all six of Santa Ana's wards with locations to
be determined. Festival planning, free AR classes and the AR gallery
exhibit will take place at MASA's digital maker space and MASARTE
Gallery, located at 1666 N Main in Santa Ana.
What city ward(s) will
Ward 1
the event be located
Ward 2
(click on link below to
Ward 3
find wards)?
Ward 4
Ward 5
Ward 6
Number of expected
800
attendance for your
event
Brief Description of
With support from the Santa Ana Special Event Sponsorship, Media Arts
Project
Santa Ana (MASA) will produce the first "We AR Santa Ana" Citywide
Augmented Reality Public Art Festival. This monthlong festival will take
place in all six of Santa Ana's wards and will include an Augmented Reality
exhibit in MASA's gallery space, MASARTE. The "We AR Santa Ana"
festival will feature 15-20 local artists creating new work exploring what it
means to be from Santa Ana from the lens of Santa Ana's past and
envisioned future. As part of the festival, MASA will provide free AR
classes to the public.
Describe the "We AR Santa Ana" Citywide Augmented Reality Art Festival will benefit the
community benefits Santa Ana community riot only by launching an exciting and innovative new
of this event arts and technology festival, but also by providing a free augmented reality
(AR) training course for 15-20 Santa Ana artists who may have no
previous AR experience. The festival will launch at MASARTE Gallery on
Friday, March 8, 2024, with tours of the public art locations throughout the
city on Saturday, March 9 and Sunday, March 10. The project will also
provide free bilingual augmented reality classes for youth and adults at
MASA's TVGB digital maker space on four Saturdays within the month -long
festival period (March 16, March 23, March 30 and April 6).
The "We AR Santa Ana" Citywide Augmented Reality Art Festival will be
presented and shared to the public free of charge via AR public art
experiences in all of Santa Ana's six wards, as well as an AR exhibit at the
MASARTE Gallery, located at 1666 N Main in Santa Ana. The augmented
reality artworks will be geotagged, similar to Pokemon Go, and will be
accessible using tablets and smart phones. These Augmented Reality
public artworks will become fun destinations that encourage Santa Ana
families to visit parks, historical and culturally -significant locations
throughout the city and see them in a delightful new way.
DocuSign Envelope ID: 103FD4D9-71F7-430D-B935-4E4C68A17877
The augmented digital overlays will be creative, engaging, playful and will
be created by local artists to address community issues, histories and
themes. Because the artwork is cloud -based and virtual, it can be
accessed and viewed by the public 24 hours a day and seven days a
week.
We will promote the festival events via MASA's email list, which includes
over 3,000 artists, community organizations, academics, teachers, Santa
Ana residents and Santa Ana Neighborhood Association leaders. MASA
also conducts a weekly Cafe MASA night at our TVGB space, providing
free coffee, snacks and wi-fi to create community, conversations, and a
safe networking space for SAAC residents and the public. During the
festival, we will utilize Cafe MASA as open studio nights for the creation
and discussion of AR artworks. We will also promote the festival via
Eventbrite, Spark OC, targeted Facebook Ads, Instagram, Twitter, flyers
and the City of Santa Ana's arts and culture Facebook page.
All festival events will be free and open to the public.
This project will teach Santa Ana artists and residents to learn how to use
free and low-cost AR apps such as Adobe Aero to create their own
artworks and enrich the quality of life and cultural expression in their
communities. It is our goal that the "We AR Santa Ana" Citywide
Augmented Reality Art Festival will jumpstart a multicultural community -
based Augmented Reality movement in Santa Ana that will one day rival the
city's mural tradition.
Because Augmented Reality involves digital overlays to actual spaces,
artists can create virtual murals, digital animations, characters,
environments and experiences. Artists can create work from home without
competing for physical walls, altering the physical environment or facing
prohibitive costs of production. User-friendly apps, such as Adobe Aero,
which is free, make the creation of AR experiences fun and accessible for
youth, adults and seniors. MASH was selected as one of the first
organizations in the country to beta test Adobe Aero's new geotagging
functionality, and we want to share this new rutting edge technology with
the Santa Ana community.
Adobe Aero can also be loaded as a Spanish -language version. The app
comes pre -loaded with tutorials and starter assets that include pre -built
dinosaurs, robots, space exploration, layered illustrations, origami animals
and animated characters. Adobe Aero is user friendly and does not require
any coding for Santa Ana residents to start having fun and building AR
experiences in their own homes!
This project will benefit Santa Ana community and enrich the quality of life
its residents by working with artists to create artworks that inspire,
beautify, celebrate and invite participation in the MASARTE Gallery and in
communities throughout Santa Ana,
Only 17.3% of Santa Ana residents over 25 years old have a Bachelors
degree or higher. The combination of economic realities and lack of higher
education places Santa Ana residents at a significant disadvantage to
DocuSign Envelope ID: 103FD4D9-71 F7-430D-B935-4E4C68A17877
obtaining access to arts and technology programs and augmented reality
creation opportunities for learning and presentation. This project will benefit
the Santa Ana community by providing critical first exposure to youth and
adults from Santa Ana's diverse community to cutting edge technology that
can start them on a path to explore educational programs in high school
and college that lead to careers and well -paying jobs in the arts and
technology sector. The classes we will be offering for free would normally
cost hundreds of dollars to participate.
Media Arts Santa Ana (MASA) is a community -based digital arts
organization whose mission is to inspire and empower the next generation
of digital visionaries through free and accessible youth media classes,
workshops, screenings, workforce development, cultural agility, access to
technology and creating pathways to 21 st Century jobs. MASA's core
programs include the OC Film Fiesta multicultural film festival, the Millennial
Producers Academy (MILPA), SMART Walk (South Main Art Retail &
Technology), Caf6 MASA, GrassRoots GarageBand, OC Cinema Camp
and Murals and Media Class.
MASA's beginnings date back to 2010, when co-founders Victor Payan and
Pocha Pena launched the OC Film Fiesta, a Cinematic Celebration of
Orange County's Diversity and Multicultural Heritage. In 2015, to provide
an umbrella for our youth classes and special initiatives, Media Arts Santa
Ana (MASA) was created, as a fiscally -sponsored project of Community
Partners.
Activating areas of Santa Ana underserved by arts programming and
funding is central to MASA's work. We present programs in all of Santa
Aria's wards, and our virtual content is accessible via our YouTube
channel.
MASA works to create positive social change, activate historically and
culturally marginalized communities and broaden and deepen knowledge,
understanding and appreciation of our diverse multicultural communities
and their contribution to America's culture, history and social tapestry.
MASA's cultural priorities include civic and artistic participation, combatting
cultural erasure through first voice mediamaking, and stimulating artistic
production among youth, immigrants, disenfranchised communities, and
those who have been deprived of historical access to culture -making
technologies, training or presentation opportunities. MASA's programs
invite intergenerational and intercultural participation.
Providing a welcoming space for presentation, production, education and
cultural exploration, MASA functions as a vital meeting and networking
space for Santa Ana's emerging media arts community and accomplished
industry leaders, artists and innovators of diverse backgrounds.
MASA maintains positive relationships with many Santa Ana and Orange
County organizations, and participates in community -led initiatives and
organizing efforts. We regularly engage community members about issues
important to them, and scout films, presenters and workshop opportunities
to address them.
DocuSign Envelope ID: 103FD4D9-71F7-430D-B935-4E4C68A17877
In May 2022, we opened TVGB, a 2,000 square foot facility in Santa Ana
for media arts instruction, production and presentation. This enables us to
house our core programs under one roof, increase our annual
programming, and provide free multimedia instruction and meeting space
for local community groups.
In October 2023, we are launching MASARTE, a new 900 square foot
visual arts/augmented reality gallery. MASARTE will serve as an exhibition
space and curatorial incubator, providing classes, workshops, networking,
and opportunities for emerging artists to learn how to curate, mount,
produce and promote community -based visual arts exhibits.
SMART Walk (South Main Art, Retail and Technology) partners with
schools, businesses, and arts organizations to promote technology -based
artforms, jobs and training programs for youth and adults.
MASA's OC Film Fiesta is now the nation's premier cinematic celebration
of OC's diversity and multicultural heritage. The two -week hybrid in-
person/virtual festival features amazing films that connect Orange County
residents with their international film heritages.
MILPA (Millennial Producers Academy) is an innovative program that
provides digital media arts production training, entrepreneurial skills and
avenues to community involvement to young adults. Participants receive
instruction in the creative and technical aspects of digital production, and
work with community, social justice, health, cultural and advocacy
organizations to develop technical skills in real -world projects.
Participants learn to produce projects such as fundraising videos, citizen
journalism, PSA's, podcasts and short documentaries about issues facing
their communities. MILPA connects participants with job training via
workshops led by professionals from film production, media, gaming, tech
and legal video, providing critical pathways to 21 st Century jobs.
MASA's Youth Cinema Camp provides creative and technical instruction to
produce digital shorts focusing on historical narratives and silent cinema.
MASA is a six -year presenting partner/curator for Arts OC's countywide
Dia del Nino Festival, which regularly contracts Santa Ana youth music and
dance performers, as well as workshop artists from Santa Ana. The OC Dia
del Nino Festival draws approximately 9,000 attendees each year
(www. ocdiadelni no.org).
MASA provides critical points of entry to skills, technology, programming,
and civic engagement to OC's multicultural, immigrant, LGBTQIA+, youth
and vulnerable communities, who lack access to equipment, space,
instruction and mentorship.
Amount Requested 15000.0
Proposed Use of Augmented Reality Instructors, $3,000
Funds 2 instructors @ $50/hr x 30 hours
DocuSign Envelope ID: 103FD4D9-71 F7-43DD-B9354E4C68A17877
MASA will contract two Augmented Reality instructors to provide free
training to participating artists from January through March 2024, as well
as to conduct free weekly augmented reality classes open to the public on
Saturdays during the festival (March 8-April 6, 2024). Classes will be
offered free of charge for youth and adults in English and Spanish.
Artist Stipends, $2,000
20 artists x $100
In addition to providing free Augmented Reality training, work space, wi-fi
and use of iPads for the creation of their artworks, MASA will provide $100
stipends for up to 20 participating artists who complete the project.
Equipment, $2,000
We are requesting $2,000 for equipment purchase and rental, including wifi
hotspots, iPads, generators, color laser toner for printing fliers in-house,
decorations, tables, chairs, and materials for hanging the gallery exhibit.
AR Interns, $2,400
2 interns @ $20/hr x 60 hours
MASA will contract two interns for this project, posting opportunities at
SAUSD, Santa Ana College, Saddleback College, Chapman University and
other local educational institutions.
Marketing/Sigriage/Ads, $1,000
This will be used to support Facebook ads, Spark OC, Peachjar ads to
schools, at local festivals, community events and the Santa Ana Public
Library, direct email marketing to more than 25,000 people in OC via
MASA's substantial email lists and our partnership with Stay Connected OC
and flyer distribution. We will also promote exhibits and events via our
regular promotion for MASA's events for four monthe leading up to the "We
AR Santa Ana" festival. Expenses in this category include printing,
Facebook ads, signage, e-mail campaigns and in -person promotions and
publicity at City -sponsored community events and festivals throughout
Santa Ana.
Technicat/Documentation, $1,000
We are requesting $1,000 for video/photo/drone documentation and editing
our footage for sharing on social media. Our documentarian will also
document the participating artists' work and process for presentation and
posterity.
Publicist, $500
While we have a robust and effective outreach and marketing
infrastructure, which has garnered us extensive coverage and OC Weekly
cover stories in the past, we will be contracting a publicist to promote
MASA and MASARTE events this year due to the decline in Santa Ana and
DocuSign Envelope ID: 103FD4D9-71 F7-430D-B935-4E4C68A17877
Orange County's arts coverage. With the demise of the OC Weekly, limited
coverage in the Daily Pilot and OC Register, absence of QC television
news outlets and the Voice of OC's arts staff departing to form an as -of -yet
unannounced arts writing non-profit organization, we feel this is an
important need to maintain the news coverage our programs have
historically generated.
Insurance, $500
MASA will obtain insurance as required by this sponsorship opportunity.
We have successfully completed several City of Santa Ana grant and
funding opportunities, which have all been properly insured.
Permits, $350
MASA will obtain permits as needed by the City of Santa Ana for events
taking place on public property, parks, etc. Some venues we might consider
for We AR Santa Aria public art locations include the Heritage Museum of
OC, Old County Courthouse, Centennial Park, El Salvador Park, Rosita
Park across the street from the Bao Quang Temple and the former site of
Fender Sales, Inc., which distributed Fender musical instruments to the
world from Santa Ana in 1953.
Fiscal Sponsor Fee (15%), $2,250
Community Partners charges a 15% fiscal sponsor fee for government
grants and 9% fee for non -government grants. This is a fair and reasonable
amount for the services they provide, which include fiscal oversight,
financial accounting and guidance, access to funding opportunities,
professional development and other services that have contributed to the
sustainability, stability and successful expansion of MASA's programs and
services. Community Partners charges a higher fiscal sponsor fee for
government funding opportunities, because they are more complicated and
require more reporting and staff time to administer. This is a reasonable
rate.
In addition to the $15,000 we are requesting from the City of Santa Ana
Event Sponsorship program, MASA will be contributing $5,000 from its own
budget to cover the cost of additional staff, wifi, space, refreshments and
equipment.
Docu&gn Envelope ID: 103FD4D9-71 F7-430D-B935-4E4C68A17877
By submitting this I agree
application, I have
read and agree to be
bound by the terms
and conditions of the
Sponsorship Policy
found on the website:
https://www.santa-
ana.org/cd/arts-
culture-office/s pecial-
event-sponsorship-
policy